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MSC won’t issue opinion on state’s right-to-work law

The Michigan Supreme Court has denied Gov. Rick Snyder’s request for an advisory opinion on the constitutionality of the state’s right-to-work law.

In an order released today, the high court said it was “not persuaded” that issuing an advisory opinion would be “an appropriate exercise” of discretion. (See, In re Request for Advisory Opinion Regarding Constitutionality of 2012 PA 348 and 2012 PA 349, MiLW No. 06-82595.)

The Governor had asked for the advisory opinion in hopes of preventing a legal battle that would delay its implementation, reports The Detroit News.

The right-to-work law, approved during the Legislature’s December lame-duck session, makes it illegal to mandate union dues payment as a condition of employment. The MSC order now opens up the law to legal challenges. Unions representing state workers say the law cannot apply to them because the Michigan Constitution gives the Civil Service Commission jurisdiction over their employment rules and conditions.

In May, the Supreme Court asked state Solicitor General John Bursch to present arguments in support of an advisory opinion. The court wanted Bursch to explain why intervention was needed before state worker contract talks take place this fall, why the issue should not first be heard by the Michigan Court of Appeals and whether an advisory opinion would add more confusion to the situation, rather than clarify it.

In today’s order, the justices indicated they received Bursch’s brief, but found it unpersuasive.